n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The effect of employee-authors' moral rights on employer-owned copyright : surviving article of the Berne Convention

Volume 26, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The purpose of this contribution is to explore the effect of the 'moral rights' provisions of article of the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) on employer-owned copyright. It argues that the implementation of article (1) in the form advocated by the Berne Convention is incongruous with the prevailing purpose of copyright and consequently not sustainable in the modern economy. Although the examination is not jurisdiction specific, recourse is had to the South African approach in places, as an example of domestic implementation which attempts to make article more palatable.

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